What happens if the probationer is not a permanent employee?

Verified 02 November 2023 - Legal and Administrative Information Directorate (Prime Minister)

If your employing administration considers your professional skills insufficient to enable you to perform the duties corresponding to your grade and decides not to establish yourself, its decision is subject to a different procedure depending on whether it takes place during or at the end of the probationary period. And your situation varies depending on whether or not you were already a public servant before being appointed as an intern. We're going through all of that.

If your employer authority determines that you do not have professional skills required to exercise positions that match your grade, it may decide not to give you tenure.

Your employer administration may decide not to grant you tenure:

  • Either during your probationary period without waiting for the end of that period
  • Either at the end your probationary period (possibly extended if, at the end of the normal probationary period, your employer's administration has deemed your professional skills insufficient to enable you to be established and has decided to extend your probationary period in order to examine your skills at greater length)

Refusal during the course of the training

If your employer administration decides to not establish yourself during your probationary period, its decision shall consist of dismissal on grounds of incompetence.

This decision may be made provided that you have completed at least half of the normal duration of your internship (at least 6 months if you are subject to a one-year internship).

To terminate your employment, your employer authority must follow the same procedure than planned in case of disciplinary sanction, unless the special status of your body or frame provides that your professional ability be assessed by a jury.

Thus, the decision to dismiss is subject to the prior opinion of the Disciplinary Board.

You are entitled to full communication of your individual file and all supporting documents.

The administration must inform you of this right.

During the disciplinary proceedings, you are entitled toassistance of defenders of your choice.

You are called in by the Chairman of the Disciplinary Board at least 15 days before the meeting date, by registered letter with acknowledgement of receipt.

You may appear before the Disciplinary Board of the written or oral observations and quote witnesses.

Your administration can also call witnesses.

The advice given by the Disciplinary Board is a simple advice that is not binding on your employer administration.

The decision to dismiss on grounds of professional incompetence may be the subject of a appeal to the administrative court.

If, prior to being appointed as an intern, you were already a full-time public servant in another corps or job cadre, your secondment for an internship is terminated and you are reinstated in your original corps or job cadre.

You are not entitled to no severance pay.

Refusal at the end of the course

If your employer administration decides to do not become established at the end of your internship (whether extended or not), its decision shall consist of a denial of tenure.

Appointment as a probationary official in a corps or an employment setting does not entitle him to tenure.

The decision refusing to grant tenure shall be subject to the prior opinion of the Joint Administrative Commission (JAC).

You have the right to request the communication of your individual file but your administration is not obliged to inform you of this right.

You are not called to the CAP meeting.

The CAP opinion is a simple opinion that is not binding on your employer administration.

The decision to refuse authorization may be the subject of an appeal to the administrative court.

If, prior to being appointed as an intern, you were already a full-time public servant in another corps or job cadre, your secondment for an internship is terminated and you are reinstated in your original corps or job cadre.

You are not entitled to no compensation at the end of the course.